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Child Pornography Bedford Virginia Evidence Expert Testimony Lawyer

Child Pornography Bedford Virginia Evidence Expert Testimony Lawyer

Commonwealth v. David
Facts:

Defendant sought review of a judgment of the Circuit Court of the City of Bedford (Virginia), which found him guilty of producing sexually explicit material depicting a five-year-old girl in violation of Va. Code Ann. § 18.2-374.1(B)(2). He contended that the statute was unconstitutionally overbroad and vague, and that evidence of other offenses he committed was improperly admitted, as well as expert testimony.

Child Pornography Bedford Virginia Evidence Expert Testimony Lawyer

Child Pornography Bedford Virginia Evidence Expert Testimony Lawyer

Issue:
  • Whether the evidence of other offenses he committed was improperly admitted?
Discussions:

Defendant was found guilty of producing sexually explicit material depicting a five-year-old girl in violation of Va. Code Ann. § 18.2-374.1(B)(2). He maintained that he was an artist when he took a numerous photographs of the girl in sexually explicit poses and sought permission of the girl’s mother to publish the photos. The court affirmed defendant’s conviction. The court held that the statute was reasonably restricted to achieve its goal of protecting children from child pornography and that the incidental restriction on alleged U.S. Const. amend. I freedoms was not greater than was essential to the furtherance of that interest. The court found that it was constitutionally sufficient for the prosecution to show that defendant had knowledge of the contents of the materials and that he knew the character and nature of their contents. The court ruled that testimony that defendant fondled the girl and masturbated in her presence was admissible because it showed defendant’s conduct and feeling toward the girl and their prior relationship. The court permitted the prosecution to solicit an expert opinion on whether the pictures appealed to a prurient interest.

The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case.

A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Loudoun County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Article written by A Sris
Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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